OCBC CARDMEMBER S AGREEMENT

Transcription

1 OCBC CARDMEMBER S AGREEMENT In consideration of OCBC Bank (Malaysia) Berhad [Company No W] (hereinafter called the Bank ) agreeing to issue the Credit Card (as hereinafter defined) to the individual named (hereinafter called Cardmember ) on the Credit Card at the Cardmember s request, the Cardmember hereby agrees, covenants and undertakes that signing on and/or use of the Credit Card shall constitute acceptance by the Cardmember of the following terms and conditions: 1. DEFINITIONS 1.1. In this Agreement: a) The expression the Bank shall include offices and branches of OCBC Bank (Malaysia) Berhad [Company No W] within and outside Malaysia. b) The expression OCBC Credit Card or Credit Card shall where the context so admits refer to any one or more MasterCard, Visa card and/or any other card issued from time to time by the Bank to the Cardmember under the categories of Platinum, Gold or Classic or such other categories which the Bank may introduce or replace from time to time and shall include affinity, co-branded and contactless cards issued in affiliation or association with any third party and/or cards issued under any product or select name or reference. c) The expression Credit Cards Department shall mean the Bank s Credit Cards Department at such contact details as may be published by the Bank at its official website at [ from time to time. d) The expression Cardmember shall mean the person to whom the Credit Card is issued by the Bank and shall where the context so admits include a Supplementary Cardmember. e) The expression Supplementary Cardmember shall mean any one or more supplementary cardmember to whom a separate Credit Card (hereinafter called Supplementary Credit Card ) is issued upon the joint request of himself and the Cardmember. f) The expression the Credit Card Account shall mean any one or more account of the Cardmember with the Bank opened in relation to the Credit Card issued from time to time by the Bank to the Cardmember pursuant to this Agreement. g) The expression monthly statement shall mean any one or more monthly statement issued by the Bank to the Cardmember in relation to the Credit Card Account opened pursuant to this Agreement. h) The expression Charging Privileges shall mean the privileges conferred on the Cardmember pursuant to Clause 4 hereof. i) The expression merchants shall include all merchants and other persons supplying goods and/or services. j) The expression Line of Credit shall mean the financial facility granted by the Bank in addition to the Credit Card Account, the amount of which is that specified in the Cardmember s monthly statement. k) The expression Supplementary Monthly Monitoring Limit shall mean the limit of amount (if any) as specified by the Cardmember for the monthly utilisation by each Supplementary Cardmember of his Supplementary Credit Card in respect of Charging Privileges and/or cash advances. l) The expression cash advances or cash withdrawals shall include cash advances made at the counters of banks in Malaysia and other banks accepting the Credit Card outside Malaysia and at the automated teller machines (hereinafter called ATMs ) of the Bank and/or such other ATMs as may be designated by the Bank from time to time. m) The expression quasi-cash transactions shall mean transactions representing a merchant s sale of items (such as gaming chips) that are directly convertible into cash. n) The expressions Ringgit Malaysia and RM shall mean lawful currency of Malaysia. o) The expression Foreign Exchange Administration Rules means the Notices on Exchange Administration Rules Malaysia issued pursuant to the Financial Services Act 2013 and all other regulations made pursuant thereto, as from time to time amended, extended, reenacted or consolidated. p) The expression PIN shall mean the Cardmember s personal identification number for use with the Credit Card.

2 q) The expression One Time Password or OTP shall mean a six (6) digit password that is needed to login to OCBC Online Banking and to perform online transactions at 3D Secure merchants. r) The expression OCBC Online Banking shall mean such internet banking services made available by the Bank under the name OCBC Online Banking or such other name as may be revised from time to time, subject to such terms and conditions as may be imposed by the Bank from time to time for such services. s) Words importing only the singular number shall include the plural number and vice versa. t) Words importing the masculine gender only shall include the feminine gender. 2. CARDMEMBER 2.1. The Cardmember hereby authorises the Bank to deliver the Credit Card to him at the Cardmember s own risk by whatever means the Bank deems fit and the Cardmember agrees to hold the Bank harmless from all claims and liabilities, loss or damage incurred or suffered in the event the Credit Card shall fail to reach the Cardmember after dispatch by reason that the Credit Card is intercepted or retained by any other person or lost in transit The Cardmember shall sign the Credit Card immediately upon receiving the Credit Card. However, if the Cardmember does not agree to be bound by these terms and conditions, the Cardmember shall cut the Credit Card in half and return both halves to the Bank. The Credit Card is the property of the Bank and is not transferable. 3. SUPPLEMENTARY CARDMEMBER 3.1. Any Supplementary Cardmember to whom a Supplementary Credit Card is issued upon the joint request of himself and the Cardmember shall sign his Supplementary Credit Card immediately upon receiving the Supplementary Credit Card. All terms and conditions applicable to the Cardmember except Clause 5.1 below shall apply mutatis mutandis to the Supplementary Cardmember. The Cardmember agrees to be liable for all transactions charged to the Cardmember and Supplementary Credit Card(s) which are issued while each Supplementary Cardmember shall be liable for all transactions charged to his Supplementary Credit Card Without prejudice to the generality of the foregoing, it is hereby expressly agreed that the Supplementary Cardmember shall be deemed to have notice of and be bound by the terms and conditions herein as well as the terms and conditions from time to time imposed by the Bank and set out in any correspondence, notice, monthly statement or any other communication whatsoever addressed to the Cardmember, and the Cardmember shall ensure compliance therewith on the part of the Supplementary Cardmember. Any correspondence, notice, monthly statement or any other communication whatsoever served on the Cardmember in accordance with Clause 16.2 hereof shall be deemed to be served on and received by the Supplementary Cardmember as well The Supplementary Credit Card issued shall remain good until the Credit Card or the Supplementary Credit Card is terminated or suspended or until cancelled at the request of the Cardmember or when its tenure has expired whichever is earlier. Where the Cardmember wishes to terminate the Supplementary Credit Card, the Cardmember must ensure that the respective Supplementary Credit Card is cut in half and both halves are duly received by the Bank. Until then, the Cardmember shall continue to be liable for charges incurred by the respective Supplementary Cardmember. 4. CHARGING PRIVILEGES 4.1. The Credit Card confers upon the Cardmember the privilege (hereinafter called Charging Privileges ) under his Credit Card Account: a) to sign bills of credit or key in the Cardmember s PIN into the point-of-sale terminal with merchants listed with MasterCard International, Visa International and/or with any other franchise held by the Bank; and/or

3 b) to effect transactions by providing merchants listed with MasterCard International, Visa International and/or with any other franchise held by the Bank with the number of the Credit Card together with such other particulars as may be recorded on the Credit Card and without the requirement of the Cardmember s signature or PIN as in the case of transactions effected through electronic commerce, the Internet, mail and/or telephone order and at specific electronic and/or point-of-sale terminals (whether self-service or otherwise) including but not limited to transactions effected at petrol kiosks and/or through such other modes that may be introduced or implemented from time to time The Credit Card shall not be used for unlawful transactions including but not limited to illegal betting by electronic online, internet or similar means. Without prejudice to the generality of Clauses 4.4, 6.2 and 6.3, the Bank may at its sole and absolute discretion suspend, cancel or revoke the Cardmember s privilege to use the Credit Card in respect of a specific transaction or all transactions if the Bank is of the opinion (which opinion shall be conclusive and binding upon the Cardmember) that the transaction or transactions is or are illegal The Cardmember hereby irrevocably agrees and confirms that the Cardmember shall be liable to the Bank for all liabilities incurred by the Cardmember through the use of his Credit Card and charged by the Bank to the Cardmember s Credit Card Account, whether shown in any transaction receipt or not. Failure to sign any transaction receipt or provide the Cardmember s PIN will not relieve the Cardmember from liability to the bank in respect thereof if, based on satisfactory documentary evidence, the Bank is of the opinion (which opinion shall be conclusive and binding upon the Cardmember) that the omission is due to the nature of the transaction or due to an oversight on the part of the Cardmember and/or the merchant and/or the member bank of MasterCard international, Visa International and/or any other franchise held by the Bank The Charging Privileges conferred on the Cardmember shall at all times remain a privilege rather than a right and shall be subject to the Bank s rights at any time at its sole and absolute discretion to review and/or vary the Line of Credit under Clause 5.4 and/or under Clauses 6.2 and 6.3 to suspend, cancel or refuse to renew or replace the Credit Card or to terminate this Agreement or to revoke the Cardmember s privilege to use the Credit Card in respect of a specific transaction or to vary any of the terms thereof under this Agreement The Charging Privileges conferred on the Supplementary Cardmember shall at all times be subject to the Supplementary Monthly Monitoring Limit imposed, if any. The Bank may at its sole and absolute discretion allow or refuse to permit the Supplementary Cardmember to exceed such Supplementary Monthly Monitoring Limit, without assigning any reason thereof. Where the Bank has at its sole and absolute discretion allowed a Supplementary Cardmember to exceed the Supplementary Monthly Monitoring Limit (if any) imposed on the Supplementary Cardmember, the joint and several liability of the Cardmember and such Supplementary Cardmember for the use of the Supplementary Credit Card shall extend to include all charges and all cash advances obtained by the Supplementary Cardmember The Bank reserves the right at its sole and absolute discretion at any time by giving 21 days prior notice (whether with or without assigning any reason) to amend, modify, revise, restrict, increase, suspend, cancel or withdraw all or any facilities, services, benefits and privileges conferred on the Cardmember from time to time. 5. LINE OF CREDIT 5.1. In addition to the Charging Privileges hereby conferred on the Cardmember, the Cardmember is hereby granted a Line of Credit throughout the tenure of the Credit Card (including any renewal thereof) upon the terms and conditions hereinafter contained. Where more than one Credit Card is issued to the Cardmember, the Bank may at its sole and absolute discretion stipulate that the Line of Credit shall be common to and shared by all such cards, or stipulate a separate line of Credit for each such card Subject to Clauses 6.2 and 6.3, the Cardmember may also utilise the Credit Card to obtain cash advances within the prescribed limits at designated locations and for such uses as the Bank may

4 determine from time to time, including but not limited to the transfer into an account maintained with the Bank and the purchase of traveller s cheques, provided the Line of Credit is not exceeded Notwithstanding the foregoing provisions, the Bank is not duty bound in any way whatsoever to ensure that the Line of Credit is not exceeded by the Cardmember and the Cardmember shall remain and be liable for all charges and liabilities incurred by the Cardmember in excess of the Line of Credit, including all cash advances obtained The Line of Credit is subject to the Bank s review and the Bank may at any time at its sole and absolute discretion and by giving 14 days prior notice to the Cardmember determine, increase, reduce or in any other way vary the Line of Credit or the duration of all or any of the Cardmember s privileges granted hereunder. 6. VALIDITY, RENEWAL, REPLACEMENT, SUSPENSION, TERMINATION AND CANCELLATION OF CREDIT CARD 6.1. The Credit Card is valid for the period prescribed by the Bank as embossed on the Credit Card unless it is cancelled for any reasons whatsoever under this Agreement. By accepting the Credit Card, the Cardmember is deemed to be requesting the Bank to issue him a renewal or replacement Credit Card before the current Credit Card expires or until the Cardmember advises the Bank in writing to cancel his Credit Card Account. Annual fees, if imposed by the Bank, are billed annually. The Cardmember hereby acknowledges that the Bank s acceptance of any annual fee shall not operate as a waiver of any or all of the Bank s rights created hereunder and shall not prevent the Bank from exercising, enforcing or continuing to enforce any of its rights under the Agreement, including but not limited to any right of termination, cancellation or suspension The Bank reserves the right at its sole and absolute discretion at any time with or without prior notice to the Cardmember, to suspend, cancel or refuse to renew or replace the Credit Card or to terminate this Agreement or to revoke the Cardmember s privilege to use the Credit Card in respect of a specific transaction or all transactions without giving any reason and upon such suspension, cancellation or refusal or termination or revocation the Cardmember shall forthwith cut the Credit Card in half and surrender both halves to the Bank or its principals or associates or authorised agents or the merchants, and the Cardmember shall continue to be liable for any transaction effected through the use of the Credit Card prior to the receipt by the Bank of both halves of the Credit Card In addition to and without prejudice to the rights of the Bank contained in Clauses 5.4 and 6.2 above, if: a) The Cardmember defaults in the payment of any monies hereby covenanted to be paid; or b) The Cardmember fails or refuses to observe or perform any of the agreements, covenants, stipulations, terms and conditions herein expressed or implied; or c) The Cardmember dies or commits an act of bankruptcy or allows a judgement against him to remain unsatisfied; or d) A distress, execution, attachment or other legal proceeding is levied, enforced or taken out against all or any part of the Cardmember s properties and is not discharged or stayed; or e) Any other event or series of events whether related or not (including without limitation, any material adverse change in the business, assets or financial condition of the Cardmember) has or have occurred which in the opinion of the Bank (which opinion shall be final and binding without giving any reason or evidence) could or might affect or prejudice the ability or willingness of the Cardmember to comply with all or any of his obligations hereunder; or f) The Cardmember leaves Malaysia to take up residence or employment elsewhere; or g) The Cardmember is facing criminal or any other proceeding involving fraud or if convicted of any criminal offence; or h) The Cardmember refuses or fails to disclose any information or provide any documentary evidence which is in the opinion of the Bank (which opinion is final and binding) required relating to the financial position of the Cardmember; or i) The Cardmember has furnished or furnishes any information or data to the Bank which in the opinion of the Bank (which opinion shall be final and binding without giving any reason or evidence) is false or misleading; or

5 j) There is an occurrence of, in the opinion of the Bank (which opinion shall be final and binding), questionable or unexplainable transactions involving the use of the Credit Card; or k) There is a recurring reported loss or mutilation of the Credit Card; or l) The Cardmember has been negligent in maintaining proper custody and control of the Credit Card or of the PIN or if the Cardmember has, in the opinion of the Bank (which opinion shall be final and binding), by any act, omission or any other means permitted or enabled the misuse of or the perpetuation of fraud relating to or in connection with the Credit Card; or m) It shall constitute a violation of any applicable law, regulation, government directive or regulatory requirement for the Bank to continue to make available the use of the Credit Card or the Charging Privileges or the Line of Credit to the Cardmember; or n) The Cardmember does not in the opinion of the Bank (which opinion shall be final and binding) satisfactorily maintain any of his accounts with the Bank or any of its branches, or any other entity associated with the Bank; or o) There is a record of one or more dishonoured or returned cheques issued or presented for payment by the Cardmember whether in respect of any outstanding sum under the Credit Card, any other indebtedness of the Cardmember (whether due to the Bank or to any other party whatsoever) or otherwise howsoever; or p) The Bank receives notification from the Biro Maklumat Cek of Bank Negara Malaysia that the Cardmember has been blacklisted or the name of the Cardmember appears in any other cancellation and/or warning lists (including but not limited to lists maintained by CTOS Sdn. Bhd.) or the Bank receives any other information whatsoever (whether relating to the creditworthiness of the Cardmember or otherwise) which in the opinion of the Bank (which opinion shall be final and binding) is unsatisfactory; or q) The Cardmember cannot be traced, contacted or located; then, in any such event, the Bank may by written notice or otherwise to the Cardmember (without any legal obligation so to do) declare that: i) The Credit Card shall be terminated and cancelled and the Cardmember s Charging Privileges and Line of Credit be revoked and withdrawn and require the Cardmember to return the Credit Card to the Bank; and/or ii) The Credit Card and the Cardmember s Charging Privileges and Line of Credit be suspended indefinitely or for such time as the Bank shall in its sole and absolute discretion determine; and/or iii) The Credit Card shall not be renewed or replaced upon its expiry or in the event of loss, theft or mutilation; as the Bank shall in its sole and absolute discretion deem fit. Any reinstatement of the Credit Card and/or of the Charging Privileges and of the Line of Credit by the Bank shall be at the sole and absolute discretion of the Bank and shall be subject to such other conditions as the Bank shall determine The Cardmember may at any time terminate this Agreement by giving written notice of such termination to the Bank and returning the Credit Card cut in half to the Bank. The Cardmember shall continue to be liable for any transaction effected through the use of the Credit Card prior to the receipt by the Bank of such written notice and both halves of the Credit Card as aforesaid In the event of any termination of this Agreement (whether by the Bank or the Cardmember) or any cancellation of or refusal to renew or replace the Credit Card, the Bank at its sole and absolute discretion may, but shall not be under any obligation to, make a refund of the annual fee (if any) (which may be full or partial refund) to the Cardmember. The Cardmember hereby acknowledges that any such refund of the annual fee (whether full or partial) shall not operate as a waiver of any or all of the Bank s rights created hereunder and shall not prevent the Bank from exercising, enforcing or continuing to enforce any of its right under this Agreement, including but not limited to any right of termination, cancellation or suspension. The Cardmember further acknowledges that upon any termination of this Agreement, or any suspension or cancellation of or refusal to renew or replace the Credit Card, all standing instructions given in relation to the Credit Card and the Credit Card Account shall be deemed to be terminated as well, and the Bank shall not be liable for any consequence whatsoever arising out of such termination of such standing instructions.

6 6.6. Any cancellation or termination of this Agreement shall be without prejudice to any legal right the Bank may be entitled to against the Cardmember, whether in respect of any antecedent breach of this Agreement or otherwise. 7. USE OF PIN 7.1. A PIN is generated upon issuance of a Credit Card, including a new or replacement Credit Card. The PIN is strictly confidential and shall not be disclosed to any other person under any circumstance or by any means whether voluntarily or otherwise, as the Cardmember is the only person authorised by the Bank to have knowledge of the PIN. The Cardmember hereby authorises the Bank to deliver his PIN to him at the Cardmember s own risk by post or such other means as the Bank deems fit. The Cardmember shall contact the Bank through any of the means provided in Clause 16.3 if he does not receive the PIN within 14 days after receipt of his new or replacement Credit Card. As soon as practicable upon receipt of the PIN and before using it to effect any transactions, the Cardmember is required to perform a PIN change at any of the Bank s ATMs Notwithstanding anything herein to the contrary, as soon as the Cardmember becomes aware of or has any reason to believe that his Credit Card and/or PIN have been misused and/or compromised by their disclosure, discovery, loss or theft by any other party, the Cardmember shall immediately inform the Bank in the manner provided in Clause 16.3 below. The Cardmember shall be liable for any loss or damage arising from the use of the Credit Card and/or PIN unless the Cardmember has immediately notified the Bank in the manner provided in Clause 16.3 below as soon as the Cardmember becomes aware of or has any reason to believe that his Credit Card and/or PIN have been misused and/or compromised and the Cardmember has not acted fraudulently PIN may be required in the following instances (not exhaustive and subject to change from time to time): a) cash advances from any ATM bearing the Maestro/Cirrus/Visa or such other relevant logos, subject to cash advance fees and finance charges, which are published by the Bank at its official website at [ and b) purchases from merchants When the Cardmember uses the Credit Card, Cardmember may be required to input the PIN or sign on the transaction receipt, or the transaction may be declined The Cardmember shall be liable and responsible for all withdrawals of cash made or transactions or fund transfers effected by the use of the Credit Card whether with or without the Cardmember s knowledge or authority until receipt by the Bank of the written notice and both halves of the Credit Card Where the Cardmember uses the Credit Card at or in any of the Bank s ATMs or at or in any other ATMs as may be designated by the Bank from time to time, the Cardmember shall be bound by the following terms and conditions which may be amended from time to time by the Bank: a) The Cardmember shall be liable and responsible for all withdrawals of cash made or transactions of fund transfers effected by the use of the Credit Card whether with or without the Cardmember s knowledge or authority. b) The Bank s records of all transactions processed, sums withdrawn and fund transfers made shall be conclusive and binding upon the Cardmember for all purposes whatsoever. The Cardmember shall verify all entries in statements or records issued by the Bank and notify the Bank through any of the means provided in Clause 16.3 below of any errors or discrepancies in the statements or records within 14 days (or such other period as may be determined by the Bank) from date of the applicable statements or records. If the Bank does not receive any notification within the stipulated time, the entries in the statement or record shall be deemed to be correct, binding, final and conclusive In the event that the Cardmember forgets the PIN, the Cardmember may:

7 a) request for a replacement PIN which may be delivered to him by post or such other means as the Bank deems fit, and upon receipt of the replacement PIN the Cardmember shall change PIN at any of the Bank s ATMs or, b) proceed to any of the Bank s branches, and request for PIN reset which may be carried out with the help of an authorized officer of the Bank. 8. OVERSEAS TRANSACTIONS 8.1. Transactions made outside Malaysia must be in the official currency of that country or a currency acceptable to MasterCard International, Visa International and/or any other franchise held by the Bank Transactions performed outside Malaysia are subject to such administration fees which may be imposed by MasterCard International, Visa International and/or any other payment processing franchise. In addition, the Bank shall be entitled to charge the Cardmember any cost incurred by the Bank in connection with the conversion of any currency (other than Ringgit Malaysia and US dollars) into US dollars and the subsequent conversion from US dollars into Ringgit Malaysia to enable the Bank to effect settlement in Ringgit Malaysia The Cardmember must comply with all the Foreign Exchange Administration Rules and/or the exchange control regulations of any other country where the transaction is executed and shall be liable for any infringement of such regulations, including any amendments thereto The Bank may from time to time give notice of particular country or countries in which the Credit Card may not be used, and the Bank shall not be liable for any loss or damage suffered or incurred for unavailable use of the Credit Card in such country or countries When performing transactions overseas, PIN may or may not be supported and signature may be required at attended point-of-sales terminals. 9. ONLINE TRANSACTIONS AND OCBC ONLINE BANKING 9.1. The Cardmember may not be able to use the Credit Card for online purchases or transactions at certain websites, such as a 3D secure website, unless the Cardmember has registered with the Bank a mobile phone number to receive OTP, or the Cardmember has applied to the Bank for and is issued a hardware token to receive OTP. Such OTP may be required by a 3D secure website to authorize online purchase or transaction using Credit Card When a Cardmember registers for OCBC Online Banking, he is required to create his own unique login name and password. A Cardmember s access to OCBC Online Banking will be activated upon the correct input of the Cardmember s login name and password. It is the sole responsibility of the Cardmember: a) to register the correct mobile phone number with the Bank if he selects to receive the OTP via mobile phone and to keep the Bank immediately updated by notice given to the Bank s Contact Centre of all changes to the mobile phone number; or b) apply for the hardware token or a replacement if a hardware token has previously been issued but is subsequently lost or has failed to function as intended. The Cardmember shall not at any time disclose his login name and password to any person or permit the mobile phone registered with the Bank to receive OTP or the hardware token to come into the possession or control of any person other than himself The Cardmember shall exercise reasonable care to prevent the disclosure, unauthorised use, loss or theft of the login name and password, the mobile phone registered with the Bank to receive OTP and the hardware token. The Bank shall not be responsible or liable for any loss caused to or damage suffered by the Cardmember arising from or in connection with such disclosure, unauthorized use, loss or theft of the login name and password and/or the mobile phone registered with the Bank to receive OTP and/or the hardware token Notwithstanding anything herein to the contrary, as soon as the Cardmember becomes aware of or has any reason to believe that his login name and password to access OCBC Online Banking

8 and/or the mobile phone registered with the Bank to receive OTP and/or the hardware token have been misused and/or compromised by their disclosure, discovery, tampering, loss or theft by any other party, the Cardmember shall immediately inform the Bank in the manner provided in Clause 16.3 below. The Cardmember shall be liable for any loss or damage arising from the use of the login name and password and/or OTP transmitted to the mobile phone registered with the Bank and/or the hardware token unless the Cardmember has immediately notified the Bank in the manner provided in Clause 16.3 below as soon as the Cardmember becomes aware of or has any reason to believe that his login name and password and/or the mobile phone registered with the Bank and/or the hardware token have been misused and/or compromised and the Cardmember has not acted fraudulently. 10. FEES AND CHARGES Charges including the service charges or fees, card replacement fees, cheque returned fees, transaction receipt charges and/or any other charges or fees may be levied at such rates and in such manners as the Bank may in its sole and absolute discretion determine from time to time with 21 days prior notice in writing to the Cardmember. All charges and/or fee paid are nonrefundable Should the balance in the Cardmember s Credit Card account at any time be in the Cardmember s favour, no interest will be payable by the Bank. However, the Bank may in its sole and absolute discretion pay interest on the Cardmember s credit balance at whatever rates the Bank may determine from time to time The Cardmember shall in addition to the interest stipulated in Clause 11.3 be liable to pay a late payment charge on the outstanding retail transactions and cash advance due, if TOTAL MINIMUM PAYMENT DUE (including any EXCESS referred to in Clause 11.2.b) is not received by the Bank on or before the due date. Late payment charge will be levied at such rate and subject to such minimum charge as may be determined by the Bank from time to time with written notice to the Cardmember The Cardmember agrees to pay, and authorizes the Bank to debit his Credit Card Account for all fees, charges and interest incurred in connection with the issuance and use of his Credit Card, as well as all legal costs, charges and expenses which the Bank may incur in enforcing or seeking to enforce this Agreement or in recovering or seeking to recover payment of all or any part of the monies owing by the Cardmember. Each Supplementary Cardmember shall jointly and severally with the Cardmember be liable to pay the Bank all costs whatsoever in connection with the enforcement of this Agreement for the purposes of recovering payment of all or any part of the monies owing to the Bank in connection with or arising from the use of the Supplementary Credit Card issued to such Supplementary Cardmember. 11. PAYMENTS The Cardmember shall be liable to the Bank and shall repay the Bank for all monies charged and all liabilities incurred by the Cardmember through the use of his Credit Card including but not limited to all sums incurred (whether shown in any transaction receipt or not) in respect of goods and services supplied by any merchant to any person against the Credit Card, all fund transfers effected through the use of the Credit Card (including but not limited to remittances, or the transfer of funds from Cardmember s Credit Card Account to another account (whether an account of the Cardmember or otherwise), all cash advances obtained by the use of the Credit Card and traveller s cheque purchased together with the service charges incurred therein and such other charges or fees howsoever incurred which are charged by the Bank to the Cardmember s Credit Card Account and shown in the monthly statement as the sum owing and payable to the bank (hereinafter called the NEW BALANCE ) The Cardmember shall either: a) Pay the NEW BALANCE within such period as may be specified by the Bank from time to time; or b) If the Cardmember chooses to utilise his Line of Credit and:

9 i) If the NEW BALANCE is within or equal to the Line of Credit, the Cardmember shall make payment of such minimum amount as may be fixed by the Bank from time to time (hereinafter called the MINIMUM DUE (CURRENT DUE) ); or ii) If the NEW BALANCE is in excess of the Line of Credit, the Cardmember shall pay to the Bank forthwith the entire amount which is in excess of the Line of Credit (hereinafter called the EXCESS ) together with the MINIMUM DUE (CURRENT DUE) referred to in Clause 11.2.b.i, together with interest at such rate or rates and calculated in such manner as may be fixed or determined by the Bank from time to time until full payment or realisation, subject always to a minimum interest charge as may be fixed by the Bank, without prejudice to any of the Bank s right contained herein if the Cardmember defaults in making payment of a MINIMUM DUE (CURRENT DUE) including any EXCESS for any two (2) consecutive months the Cardmember shall be liable in the third month to make full payment of the aggregate balance outstanding of the Cardmember s obligations to the Bank and such amount shall be deemed to be the TOTAL MINIMUM PAYMENT DUE (NEW BALANCE) for that month Without prejudice to the Bank s right to vary the rate of interest and/or the amount of the minimum interest charge at any time from time to time with written notice to the Cardmember, interest at such rate as may be determined by the Bank from time to time, calculated on a daily basis monthly rest but subject to such minimum interest charge as may be determined by the Bank from time to time, shall be charged: a) On the outstanding retail transactions, cash and quasi-cash transactions that is not paid after the payment due date; b) On the cash and quasi-cash transactions calculated from the transaction date, until full payment is received by the Bank posted in the current monthly statement; and c) On the retail transactions calculated from the posting date and all unpaid bank charges posted in the current monthly statement, until full payment is received by the Bank In addition to the interest stipulated in Clause 11.3 hereof, the Cardmember shall be liable to pay the late payment charge referred to in Clause The Bank shall send a monthly statement after the statement date to the Cardmember until full payment of all sums due from the Cardmember, notwithstanding the cancellation or refusal to renew the Credit Card or the termination of this Agreement. Provided that the Bank shall not send any monthly statement to the Cardmember once the Bank has obtained judgement against the Cardmember in respect of sums due from the Cardmember to the Bank The Cardmember covenants and undertakes to diligently examine his monthly statement to ensure that the transactions stated therein have been properly incurred and the records and entries in the monthly statement shall be deemed to be conclusively correct and binding on the Cardmember unless written notice to the contrary shall have been given to the Bank within fourteen (14) days from the date of the monthly statement All payments shall be made in Ringgit Malaysia (RM) and shall not be considered to have been made until the relevant funds have been received for value by the Bank The Cardmember shall during his absence from Malaysia, authorise any person or persons residing in Malaysia to pay to the Bank all sums payable by the Cardmember to the Bank hereunder, including but not limited to the sums payable under Clauses 11.2, 11.3 and 11.4, and the Cardmember shall furnish the Bank with the name and address of any such person or persons The Bank shall at all times so long as any money may be due on the Credit Card Account have a right of combination, set-off or lien in respect of all monies now or hereafter standing to the credit of the Cardmember on any banking account (whether savings, current, deposit or otherwise and in whatsoever and any other currency or currencies) or available credit lines to the Cardmember at any branch of the Bank wherever located or any other monies whatsoever held by or on behalf of any of the branches of the Bank for the account of the Cardmember (including but not limited to any proceed from the realisation of any security given by the Cardmember to the Bank). The Bank shall give 7 days prior notice before exercising its right of combination or set-off. Any payment

10 received from the Cardmember may be applied by the Bank in satisfaction in whole or in part of any amount of principal, interest, commission, charge, fee or other sum due hereunder in such manner or order as the Bank may at its sole and absolute discretion think fit Without prejudice to the generality of the foregoing, the Cardmember s obligations under this Clause 11 shall apply to any deduction or withholding imposed or collected pursuant to sections 1471 through 1474 of the US Internal Revenue Code of 1986, as amended (the "Code"), any current or future regulations or official interpretations thereof, any agreement entered into pursuant to those sections of the Code, any fiscal or regulatory legislation, rules or practices adopted pursuant to any intergovernmental agreement entered into in connection with the implementation of such sections of the Code ( Applicable Laws and Regulations ). The Cardmember shall supply to the Bank such forms, documentation, and other information relating to its status pursuant to sections 1471 through 1474 of the Code and any Applicable Laws and Regulations as the Bank may reasonably request from time to time to ensure its compliance with the Applicable Laws and Regulations The Bank s acceptance of late payments or partial payments or cheques or money orders marked as constituting payment in full shall not operate as a waiver of any or all of the Bank s rights created hereunder and shall not prevent the Bank from enforcing or continuing to enforce any of its rights under this Agreement to collect the amounts due nor shall acceptance operate as consent to the modification of this Agreement to any respect. 11A. ELECTRONIC STATEMENT (E-STATEMENT) 11A.1. The Cardmember can choose to receive his statement via electronic form and be viewed from a computer terminal by signing up for E-Statement via the Bank s Website. Upon the Cardmember successful signing up, any statements, notices or information will be sent to him electronically via the address provided by him upon signing up for E-Statement. 11A.2. Once the Cardmember have successfully signed up for the E-Statement, he will be bound by the terms and conditions which govern the use of the E-Statement which can be viewed on the Bank s website at 11A.3. Once the Cardmember has successfully signed up for the E-Statement, his enrolment will start on the next statement date and the Bank will cease sending him physical copies of statements, notices or information unless the E-Statement is cancelled or terminated by him or the Bank. However, when the E-Statement is still active, if he requests for a physical copy of the statements of account, notices or information, the Bank may charge him a fee for a physical copy. 11A.4. For more information, please refer to 12 GOODS AND SERVICES TAX The Bank shall be entitled to impose and debit the Cardmember s Credit Card Account with all value added tax, goods and services tax, withholding or other taxes, levies or charges on any Credit Card transactions. 13 LOST, STOLEN AND/OR MUTILATED CREDIT CARD Save as hereinafter provided the Cardmember shall be and shall remain liable to the Bank for all charges incurred and all cash advances effected through the use of the Credit Card, whether or not such usage is authorized by the Cardmember. The Cardmember shall use all reasonable precautions to prevent the loss, theft or fraudulent use of the Credit Card and to prevent the disclosure of the Cardmember s PIN to any other person. If any Credit Card is lost or stolen or PIN is disclosed or misplaced or compromised or a renewal or replacement Credit Card is not received, Cardmember must notify the Bank s Credit Card Centre immediately. Cardmember must make a police report and a copy of the report must be provided to the Bank. Unless and until notification, whether verbal or in writing from the Cardmember is received by the Bank, Cardmember shall continue to remain liable to the Bank for all charges and advances whatsoever arising from all

11 transactions, whether authorized or unauthorized incurred on the Credit Card(s) together with fees, interest and/or financial charges. In determining the extent of Cardmember s liability for the unauthorized transactions incurred prior to the receipt by Bank of Cardmember s notification, the Bank will also take into account any guidelines or rules laid down by Bank Negara Malaysia or any provisions of law The Cardmember will be liable for PIN-based unauthorised transaction if he has (1) acted fraudently, or (2) delayed in notifying OCBC Bank as soon as reasonably practicable after having discovered the loss or unauthorised use of his credit card, or (3) voluntarily disclosed his PIN to another person, or (4) recorded his PIN on the credit card, or on anything kept in close proximity with the credit card. The Cardmember will be liable for unauthorised transactions which require signature verification or with a contactless card if he has: (1) acted fraudulently, or (2) delayed in notifying OCBC Bank as soon as reasonably practicable after having discovered the loss or unauthorised use of his credit card, or (3) left his credit card or item containing the credit card unattended in places visible and accessible to others; or (4) voluntarily allowed another person to use his credit card In the event of a deadlock or in the event that Cardmember is not satisfied with the Bank s decision, the Cardmember may refer the dispute to the Ombudsman of Financial Services for arbitration. 14 EXCLUSION OF LIABILITY The Bank shall not in any circumstance be liable for any loss damage, inconvenience, injury, embarrassment or loss of reputation howsoever incurred or suffered by the Cardmember under any circumstance whatsoever whether or not such circumstances relate to or arise out of this Agreement, including but not limited to any loss, damage, inconvenience, injury, embarrassment or loss of reputation howsoever incurred or suffered by the Cardmember by reason of or arising out of or in connection with: a) The revocation, cancellation, termination, suspension, refusal or restriction in the use of the Credit Card; or b) The listing of the Credit Card number in any cancellation and/or warning lists; or c) Any act or omission of any merchant, howsoever caused; or d) Any statement, representation or implication arising from the refusal of any merchant or any bank to accept or honour the Credit Card or to make advances to the full authorised limit; or e) Any dissatisfaction with the quality, effectiveness and/or genuineness of any goods and/or services supplied by the merchant; or f) The failure of the provision of any of the services herein contemplated to be provided whether such a failure is caused by the failure of any mechanical or electronic device, data processing system or transmission link or due to any electrical failure, industrial dispute or any act of God or any other act or event beyond the Bank s control or otherwise; or g) Any contract or transaction connected with the use of the Credit Card If the Cardmember has any claim or complaint against a merchant, the Cardmember shall resolve such dispute with such merchant. The liability of the Cardmember and his obligation to make payment to the Bank shall not be affected by such dispute or any counterclaim or right of set-off which the Cardmember may have against such merchant The Cardmember hereby irrevocably agrees and confirms that where insurance liability coverage is arranged by the Bank for the benefit of the Cardmember, any claim and notice made or to be made under such an insurance policy will be made by the Cardmember at his own expense against the insurance company and in the event the insurance company rejects any claim made under the policy or avoids the policy for any reason whatsoever including negligence or noncompliance by the Bank, its servants or agents of the terms and conditions or the policy, no claim whatsoever shall be made, brought or maintained against the Bank and the Bank shall not be liable to the Cardmember or any other person in any manner whatsoever.

12 15 DISCLOSURE Subject to the Cardmember s express instruction (if any) restricting disclosure, the Cardmember s personal data, account details and relationship with the Bank ( Information ) will be disclosed to persons or bodies to whom the Bank is legally required or permitted by law to disclose or is approved in writing by Bank Negara Malaysia to disclose or is now or hereafter permitted in writing by the Cardmember to disclose Without limiting Clause 15.1, the Cardmember expressly consents to the disclosure of the Information to the parties and for the purposes set out in the table below: Parties to whom Information can be disclosed a) The Bank s data processors and service providers, both within and outside Malaysia or any other person who may enter into a contractual relationship with the Bank; b) The Bank s Related Corporations and associated companies, both in or outside Malaysia, their assignees and successors-in-title; c) Regulatory authorities/law enforcement bodies both within and outside Malaysia; d) Third parties who intend to settle the Cardmember s indebtedness; e) Cagamas Berhad, Credit Guarantee Corporation (Malaysia) Berhad and other governmental agencies set up to acquire loans or stand as guarantor for loans; f) MEPS/MasterCard/Visa International or other franchise, merchants and third parties with or through whom any transactions are entered into; g) Lawyers, specialists in fraud, information technology and other professionals/consultants/specialists who render professional or specialist services to the Bank in relation to any matter of law or any other matters requiring professional or specialist knowledge or advice; h) The Cardmember s authorised agents, executor, administrator or legal representative; and i) The Bank s assignees or acquirers, potential assignees or acquirers and successors-in-title. Purposes/Circumstances for disclosure of Information For the performance of services for the Bank; For cross selling, service improvement and market research. For compliance with law and regulations For settlement of the Cardmember s indebtedness For sale or proposed sale of loans or to obtain guarantee for the loans For compliance of procedures imposed by MEPS/MasterCard/Visa International or other franchise or for resolution of or negotiation over any claims or disputes and for handling queries arising from or in connection with any transactions For professional advice and consultation from professionals engaged by Bank For management of the Cardmember s affairs For reorganization including disposal of the whole or any part of the Bank s business The Cardmember irrevocably consents to and authorises the Bank to conduct credit checks and verify information given by the Cardmember to the Bank, with any party (including without limitation with any credit bureau, organisation or corporation set up for the purposes of collecting and providing credit or other information). The Cardmember irrevocably grants consent to the relevant credit reporting agency(ies) (as defined under the Credit Reporting Agencies Act, 2010) ( CRAs ) with whom the Bank conducts credit checks to disclose his credit report / information to the Bank for the purpose of this Agreement and for the Bank s risk management and review. The Bank is hereby authorised but is under no obligation to convey the Cardmember s consent and the purpose of such disclosure to the relevant CRAs The Cardmember:- a) consents to the Bank s disclosure of his personal data (limited to his name and contact details) to organisations within the OCBC Group (in Malaysia) which are in an arrangement

13 or alliance with the Bank, for the purpose of direct marketing of these organisations products and services. The Cardmember may at any time withdraw his consent for direct marketing of such products or services by written request to the Bank; and b) acknowledges having read the Bank s Privacy Policy posted at the Bank s website which notified him: i) that the Bank may collect his personal data directly from him or from third party sources; ii) of the purpose for which his personal data is collected; iii) of his right to access his personal data and correct it; iv) of the class of third parties to whom the Bank may disclose his personal data; v) of the choices and means for limiting the processing of his personal data; vi) whether the personal data requested is obligatory or voluntary, and if obligatory, the consequences for not providing such data; vii) that he may update his personal data as soon as there are changes; and viii) of the Bank s contact details if he wishes to make inquiries or give feedback The Cardmember must notify the Bank of any change to the Cardmember s personal data or any particulars (including but not limited to any change to his office or home address or mobile phone/telephone numbers or in his employment or occupation), in the manner provided in Clause 16.3 below. Any failure on the part of the Cardmember to notify the Bank of any change to his personal data or particulars resulting in the delay of the Cardmember s receipt of any monthly statement, correspondence or notice shall not prejudice any of the Bank s rights and entitlement under this Agreement. 16 NOTICES Any correspondence or service of notice of legal process to the Cardmember may be given by ordinary post or otherwise sent to or left at the Cardmember s billing address stated in this application form or such other address as may from time to time be notified to the Bank s Credit Cards Department and if sent by post, shall be deemed to have been served or received two (2) days after it was posted In addition and without prejudice to Clause 16.1 above, notice to all Cardmembers may be given by the Bank in any one of the following manners: a) by posting a notice at the Bank s website; b) by posting a notice at the Bank s ATM or other electronic terminals; c) by displaying a notice at the Bank s offices and branches; d) by an advertisement made once in any national newspaper in Malaysia; or e) by any other mode deemed appropriate by the Bank, and the notice shall take effect on the date stated therein Notice from the Cardmember to the Bank, including notice of change to the Cardmember s personal data or particulars, or report on loss or compromise of the Cardmember s PIN or to report on any error or discrepancy in any statement or record, or to raise any dispute, may be made by: a) calling the Bank s Contact Centre at such telephone number as may be published on the Bank s website from time to time; or b) accessing the Contact Us icon on the Bank s website; or c) written notice delivered to, or personal attendance to make report at, any of the Bank s branches; or d) such other means as may be notified by the Bank from time to time. 17. DISCRETION TO HANDLE CREDIT BALANCE IN THE CREDIT CARD ACCOUNT 17.1 The Bank shall have the right at its sole and absolute discretion to pay or remit any credit balance in the Credit Card Account to the Cardmember (or to the Cardmember s executor(s) or administrator(s) in the event of the Cardmember s death).